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  • Following the debate launched earlier this year by the Commission's Green Paper on the review of the Merger Regulation, the Commission has published two proposals for revision of the Regulation, which it has submitted to the Council of Ministers for discussion. One of these, containing the Commission's more controversial proposals concerning reduction of the 'Community dimension' thresholds, is capable of adoption by qualified majority, as envisaged in the existing Regulation. The other proposal, which requires the unanimous agreement of the member states, contains a number of improvements to the Regulation which are likely to be less controversial.
  • The Securities and Futures Commission (SFC) is reviewing comments from brokers, practitioners and other members of the public on its Draft for a Composite Securities and Futures Bill (Draft Bill) issued in April 1996. The Draft Bill aims to consolidate the present regulatory regime, embodied in not less than 11 Ordinances governing the securities industry, into a single user-friendly composite bill. After reviewing comments and suggestions from the public, the SFC is expected to redraft the Draft Bill and submit it to the Legislative Council for consideration in this legislative session.
  • On September 11 the Bankruptcy Legislation Amendment Bill 1996 passed the House of Representatives in amended form. Key provisions contained in the Bill include:
  • The Council of Ministers issued a Regulation, effective from August 31 1996, aimed at the detection of money-laundering activities. Turkish banks and branches in Turkey of foreign banks are obliged to determine the identities of persons engaged in any transaction exceeding TL1 million (US$11,000). The amount will be reviewed every year in January by the Undersecretariat of Treasury in light of changes in the Wholesale Price Index.
  • On October 1 1996 a fully revised set of rules on the listing of securities on the Swiss Stock Exchange (the New Listing Regulations) came into effect. The primary goal of the revision was to anticipate the guidelines of the Federal Code on Stock Exchanges and Securities Trading, expected to be enacted by January 1 1997 and to assimilate the listing rules to 'international standards', ie, in particular, the EU directives on the reporting duties of issuers.
  • Douglas A Doetsch of Mayer, Brown & Platt, Chicago, looks in detail at one of the most vigorous and innovative sectors of the capital markets and its particular usefulness in Latin America and other emerging jurisdictions
  • US petroleum refiner Diamond Shamrock is to merge with rival Ultramar in a US$2.35 billion deal. The transaction is structured as a stock swap, attracted the attention of regulators regarding Diamond Shamrock's call options after large purchases were reported a week before the announcement of the merger.
  • Christopher Lewis of Simmons & Simmons considers the rise and rise of the asset repackaging phenomenon and takes a detailed look at how deals are structured and what are the main vehicles on offer
  • The state reinsurance monopoly has now been lifted with the enactment of Constitutional Amendment No. 13 of August 21 1996. In accordance with the new wording of Article 192, II of the Constitution, licensing requirements and other conditions applicable to reinsurance shall be regulated in a complementary law. There are at present two bills on the subject being examined in Congress.
  • British Telecom has acquired a 25% stake in French telecommunications company Cegetel for £1.1 billion (US$1.7 billion). Cegetel, which is 50% owned by French utility Compagnie Générale des Eaux, will compete directly with France Télécom for mobile and fixed service licences in advance of the date set for liberalization of the European market, January 1 1998.